Mumbai: The Central Government, through its Ministry of Women and Child Development (MWCD), has told the Bombay High Court that making Section 498A (Cruelty Against Wife) of the Indian Penal Code (IPC) compoundable would not be in the interest of women. In compoundable offences, the complainant or victim agrees to a settlement or compromise with the accused, resulting in the case being dropped.
“..this Ministry is of the view that there is a need to adopt a consistent approach towards crimes committed against women. Uptil now, it has been the policy of the Government of India to take deterrent measures regarding crime committed against women and children… making Section 498A IPC compoundable will not be in the interest of women,” read the affidavit filed by MWCD under secretary Richa Sharma.
Details On The Case
The HC was hearing a petition filed by a husband, his mother, and sister seeking to quash the First Information Report (FIR) registered against them by his estranged wife. In September 2022, the HC had quashed the case against the family, and had recommended to the Central government to make the offence under section 498A compoundable, remarking that the state of Andhra Pradesh had made the offence compoundable back in 2003.
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The Maharashtra government had then passed a bill in both houses, making Section 498A compoundable, after which it was sent to the President for his assent. The Bill was sent by the President to the MWCD for its comments. The MWCD, however, said there were certain clarifications sought by the Ministry from the State Government.
Additional Solicitor General (ASG) Devang Vyas told the high court that the Centre has sent a letter to the State on December 12, 2023 asking the state government to revisit the bill and consider withdrawing it from this Ministry. It also suggested that a fresh Bill on the subject may be sent to MWCD after removing the anomaly. However, the Centre said it has not received any response.
The bench noted that the Centre does not refer to the letter in its affidavit and reiterates its stand, leading to a juxtaposition.
“The affidavit of the Under Secretary does not refer to the aforestated letters and does not spell out that the Bill could not be processed for want of data from the State Government. On the contrary, gives an indication that the Ministry was not in favour of making Section 498 A compoundable, being not in the interest of women. The affidavit read in juxtaposition with the aforestated correspondence, gives a misleading picture,” a bench of Justices Anuja Prabhudesai and Nitin Borkar said on January 31. The order copy was uploaded on the high court website only on Monday.
The bench said that in view of ASG’s statement, the state will take steps to submit a fresh bill on the subject, incorporating additional data and addressing the anomaly pointed out by the Ministry of Women and Child Development. It has also asked the state to file an affidavit indicating proposed steps to be taken in forwarding the fresh bill.
The HC has kept the matter for hearing on February 14.
